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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Chancery Sharply Refuses To Toss Colo. Bank Air Fleet Suit
In an often sharp-edged ruling, a Delaware vice chancellor on Tuesday sent toward discovery and trial stockholder claims that Solera National Bancorp's executive chairman and others wasted corporate assets in assembling an 11-aircraft fleet for a one-site bank in Colorado.
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July 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice reached the agency's first three merger settlements of the second Trump administration, clearing deals in the technology and aerospace sectors after divestitures, while the Federal Trade Commission put conditions on an advertising merger. Here, Law360 looks at the major merger review developments from June.
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July 01, 2025
OpenAI Accused Of Using Pirated Works, 'Shadow Libraries'
Authors hit OpenAI and its investor Microsoft with a putative class action alleging that the artificial intelligence company used written works from "shadow libraries" to train its generative AI machines, saying the use of the pirated IP negates any claim of fair use.
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July 01, 2025
Virtu, SEC Move To Settle Information Security Suit
The U.S. Securities and Exchange Commission and Virtu Financial Inc. told a New York federal judge on Tuesday that they have struck a tentative deal to end a lawsuit accusing the broker-dealer of failing to adequately protect customer data.
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July 01, 2025
$70M Verdict Boosts TriZetto's Trade Secrets Award To $370M
A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.
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July 01, 2025
Apple Hit With $111M Patent Verdict In Delaware
A Delaware federal jury has found that Apple owes more than $110.7 million for infringing a Spanish company's wireless communications systems patent with the tech giant's products, including mobile phones and tablets.
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July 01, 2025
7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win
A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
US Trade Blueprint Should Delay Tariffs, South Africa Says
The South African government said Tuesday it requested that the U.S. extend a July 9 deadline for trade talks before higher tariff rates kick in for it and other major trading partners, in anticipation of a new U.S. blueprint to guide prospective trade deals in the region.
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July 01, 2025
Colts' New Owners Might Break NFL's Glass Ceilings
It took less than three weeks for control of the NFL's Indianapolis Colts to officially shift from late owner Jim Irsay to his three daughters. While the continuity assured by the transition did not surprise legal experts, the potential for the trio to break new ground has those experts watching closely.
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July 01, 2025
The Top In-House Hires Of June
Legal department hires over the past month included high-profile appointments at Microsoft, Guess and U.S. Steel. Here, Law360 Pulse looks at some of the top in-house announcements from June.
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July 01, 2025
Boston Globe, Former Exec Settle Ahead Of Trial Over Firing
The Boston Globe and a former high-ranking executive have reported settling a lawsuit over his 2021 firing, days before a trial in Massachusetts state court was set to begin.
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July 01, 2025
ArentFox Schiff Adds 2 FanDuel Sports In-House Counsel
ArentFox Schiff LLP is growing its sports industry team, bringing in two in-house counsel from FanDuel Sports Network to its Los Angeles office, one as a partner, the other as an associate.
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June 30, 2025
Newsom Signs CEQA Reform, Aiming To Ease Housing Crisis
California Gov. Gavin Newsom on Monday evening signed into law two bills overhauling the state's landmark environmental law to knock down hurdles to new development in an effort to address the state's ongoing housing shortage.
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June 30, 2025
Trump Tariff Challenge Belongs In Trade Court, Groups Argue
The America First Legal Foundation and Coalition for a Prosperous America on Monday backed the federal government in an appeal brought by toy makers challenging President Donald Trump's emergency tariffs, arguing that the lower court should've never issued an injunction because the dispute belongs in the U.S. Court of International Trade.
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
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June 30, 2025
Supreme Court May Shape Future Of ISP Liability In Cox Case
The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.
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June 30, 2025
Conn. Expects Corporate Tax Changes To Raise Almost $350M
Connecticut will make changes to corporate taxes that are projected to raise nearly $350 million over two years — largely from repealing the state's $2.5 million cap on tax increases for some combined unitary taxpayers — under the 2026-27 budget signed Monday by the governor.
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June 30, 2025
DOJ Allowed To Protect Antitrust Probe Of Fragrance Market
A New Jersey federal court on Monday granted the U.S. Department of Justice permission to intervene in a case against several fragrance companies after enforcers said they need to protect an ongoing criminal probe of the industry over a conspiracy to reduce competition.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Del. Justices Uphold State Sale Of Long-Dormant Stock
Rejecting a doctor's claim that the risk of a state seizure and sale of his long-unchecked stock was "inherently unknowable," Delaware's Supreme Court preserved on Monday a lower court's finding that the statute of limitations barred his attempt to reclaim securities purportedly worth some $600,000 when sold.
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June 30, 2025
Ex-Coal Biz Exec Excoriates Partner's Alleged Cash Transfers
A part-owner of a Pennsylvania-based company claims one of the other partners has improperly diverted funds to his coal marketing and logistics company — which had previously ousted the plaintiff — according to a lawsuit filed in the Delaware Court of Chancery.
Expert Analysis
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Del. Dispatch: General Partner Discretion In Valuing Incentives
In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.